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AGREEMENT <br />52nd Avenue S Reconstruction <br /> <br />THIS AGREEMENT, made and entered into this __________ day of ________, 2022 <br />(the “Effective Date”), by and between the City of Fargo, the City of West Fargo, and Cass <br />County (the “Project Partners”). This Agreement outlines the mutually developed responsibilities <br />between the Project Partners regarding the reconstruction of 52nd Avenue South (aka Cass <br />County Highway 6) between 63rd Street South and County Road 17 (Sheyenne Street) (the <br />“Project”). <br /> <br />WHEREAS, Cass County Highway 6 is currently owned and maintained by Cass County <br />from County Rd 17 east to Interstate 29, a distance of three miles; and <br /> <br />WHEREAS, funding formulas for distribution of the State Highway Distribution Funds <br />and Federal highway funds in North Dakota are based on the premise that county highways have <br />traditionally been turned over to the larger cities as the land adjacent to the highways is annexed; <br />and <br /> <br />WHEREAS, these formulas are population based, resulting in increased city funding and <br />decreased county funding as annexations take place; and <br /> <br />WHEREAS, counties have no authority to levy special assessments for highway <br />improvements within an incorporated area; and <br /> <br />WHEREAS, the 2022-2025 Metropolitan Transportation Improvement Program (TIP) <br />includes the Project; and <br /> <br /> WHEREAS, the Project Partners agree elements of project development will be <br />cooperatively developed in coordination with the NDDOT as follows; and <br /> <br />WHEREAS, the Project Partners agree that the Project will be developed through a <br />project steering committee composed of the Project Partners, and NDDOT; and <br /> <br />WHEREAS, the Project Partners agree that the construction for the Project will be <br />administered through the use of an engineering consulting firm (the “Construction <br />Administration Consultant”) procured through a publicly advertised “Request for Proposal”; and <br /> <br />WHEREAS, the Project Partners agree that ownership of the project corridor, also known <br />as Cass County Highway 6, will transfer upon completion of the reconstruction project; and <br /> <br />WHEREAS, the estimated total cost of the Project is $19,664,845; and <br /> <br />WHEREAS, the Project will be funded partially with Federal funds provided by the <br />North Dakota Department of Transportation (NDDOT) through the Surface Transportation <br />Program (STP), in the amount of $9,000,000; and <br />